Does the enterprise violate any regulations by refusing to accept bank acceptance bills for no reaso

Article 44 of the Negotiable Instruments Law is violated: "After the payer accepts the bill, it shall bear the responsibility for payment when due." "Therefore, once the bank accepts.

Payment becomes inevitable, and the bank accepts the deposit.

Enjoy the right to pledge the account.

According to Article 9 of the Circular of the People's Bank of China on Regulating the Enforcement of the People's Courts and the Assistance of Financial Institutions in Enforcement in accordance with Law (Fa Fa [2000] No. 21) (hereinafter referred to as the "Notice").

With regard to the provision that "if a financial institution has accepted or made an external payment to a bill of exchange, the people's court shall, upon the application of the financial institution, lift the freezing measures on the corresponding part of the deposit of the bank acceptance bill", the bank may apply for the lifting of the freezing measures. If the court refuses to lift it, it constitutes an illegal freeze and shall bear the liability of the state for compensation.

Since the CBIRC allows banks to issue acceptances, they should endorse the banks that issue acceptances; Now this aspect of supervision is a problem, for example, personal loans or arrears are not repaid, on the blacklist, and all aspects are affected, such as flights, housing loans, etc., it is recommended that the China Banking and Insurance Regulatory Commission for those banks that are not accepted when due, also deal with them, directly cancel their qualifications, so as to appear fair, can not just punish the end, individuals on the blacklist, why not punish the end. To tell the truth, the acceptance should be canceled, the acceptance in recent years to small and medium-sized enterprises is huge, why there is no acceptance abroad, the acceptance can not be issued, the spit is over.

The following is a list of refusals of Chinalco Shandong Branch to accept some bank acceptances.

A banker's acceptance bill is a type of commercial bill. It refers to the instrument issued by the depositor who has opened a deposit account in the acceptance bank, applies to the opening bank and is reviewed and accepted by the bank, and guarantees to unconditionally pay the determined amount to the payee or bearer on the specified date. The acceptance of the commercial draft issued by the drawer is the credit support given by the bank based on the recognition of the drawer's credit.

Banker's acceptance bills are sold at a discount. The main investors in banker's acceptances are money market commons** and municipal entities. Its characteristics are:

Good credit, strong acceptance, high flexibility, effectively saving capital costs. The use of bank acceptance bills to finance commercial transactions is called acceptance financing.

The settlement method is according to the contract. A bank draft is a bank draft. It is a banker's acceptance, and it is a banker's acceptance.

Now in real life, if we encounter some anomalies, we usually choose to contact customer service, because many times if we go directly to the scene, we don't have this situation. For example, it takes a long time, and the procedure is very complicated. It's very convenient if we handle it directly online, we only need to send a few messages, so if you have a similar phenomenon, our easiest way is to contact the bank's customer service.

In fact, we can also choose to go to the site if I think the conditions are met. For example, after the bank redeems the note and the other party rejects it, we can go. Consult the relevant personnel of the bank's business hall, and only need to provide the corresponding evidence in this case.

When the commercial acceptance bill cannot be recovered when it expires, the creditor must properly keep the original bill of exchange and try to obtain the proof of the payment obligor's refusal to pay, which can be a written rejection certificate issued by the debtor, a written document issued by the collecting bank indicating that the debtor's account balance is insufficient, and the image data and e-mail of the debtor's employee refusal chat record.

and other documents should also be collected and saved in a timely manner, the more the better. When the debtor refuses to cooperate and the creditor is unable to obtain a certificate of refusal, a more effective way is for the creditor to contact the notary office.

Handle the notarization of evidence preservation, and a third-party institution will witness the debtor's refusal to pay and issue a notarial certificate. Regardless of how the creditor protects its rights in the future, the original instrument and the return certificate are very important and necessary evidence.

When the commercial acceptance bill is transferred by endorsement, or the payer is not any participant recorded on the commercial acceptance bill, what legal relationship does the holder rely on.

It is especially important to file a lawsuit. In jurisdiction, statute of limitations.

There is a significant difference between the defendant's acknowledgment and the economic claim. Before litigation, the right holder should conduct a comprehensive analysis and comparison based on the case and evidence, and choose the legal relationship that is most beneficial to itself, so as to maximize its own rights and interests.

Operation method after the other party refuses to accept the bank acceptance bill: 1Determine the drawer, endorser, guarantor, acceptor, payer and other debtors according to the bill of exchange; 2.

Obtain proof of the bank's refusal to pay, usually if the bank refuses to pay, it will issue a document such as a notice of refusal; 3.Collect evidence as soon as possible to sue the court, although the bill has no cause, our court will still pay attention to more things in judicial practice, so evidence collection is extremely important, to collect business information related to the bill as evidence to submit, if only to do the current money should also be clear about the background.

In fact, we can ask the reason for the refusal, and then make a reasonable explanation and operation to comply with the law.

It can be done by demonstrative, but at the same time, you should deal with this kind of problem, and learn to observe the way you exchange bills of exchange.

Now for everyone, in fact, we can't do without going to the bank to handle related business in our lives, because we need money in real life, and we must have a certain bank card in this aspect of managing money. Then there will often be some abnormal phenomena in this process, for example, some people will have such doubts, that is, the bank exchanges the bill, after the other party refuses to accept it, how to operate? For this problem, in my opinion, I think we can contact the relevant bank customer service and we can go to the bank business hall to deal with it, let's find out in detail.

1 Contact customer service

Now in real life, if we encounter some abnormal phenomena, we generally choose to contact customer service, because many times if we go directly to the scene, there is no such condition, for example, the time is relatively long, and the procedure is very complicated, if we handle it directly online, it is very convenient, only need us to send a few messages, so if you also have this similar phenomenon, our easiest way is to contact the bank's customer service.

2 Go to the site to handle it

In my personal opinion, in fact, if I think that if the conditions are met, we can also choose to go to the spot to handle it, for example, the bank exchanges the draft, and after the other party refuses to accept it, we can go. The bank office consults the relevant personnel, and at this time we only need to provide the corresponding evidence.

Therefore, we should also pay more attention to this aspect of our daily life, for everyone, especially these problems are of certain benefit to us, because it is now an Internet technology.

In the era of rapid development, and for all kinds of information on the Internet, sometimes we don't understand. At this time, there are also quite a lot of service platforms that provide us with some ways to provide online services.

Once such a situation occurs, you can contact the relevant person in charge, and at the same time complete the corresponding order, and then you can also ask the other party to directly send another endorsement transfer.

At this time, you should negotiate with the other party, if the other party has been refusing to accept it, then you can't transfer this money order.

Then you can choose to have the bank re-issue a bill of exchange, so that you will be more sure.

Article 44 of the Negotiable Instruments Law is violated: "After the payer accepts the bill, it shall bear the responsibility for payment when due." Therefore, once the bank accepts, the payment becomes inevitable, and the bank has the right to pledge the acceptance deposit.

According to Article 9 of the Circular of the People's Bank of China on Regulating the Enforcement of the People's Courts and the Assistance of Financial Institutions in Enforcement in accordance with Law (Fa Fa [2000] No. 21) (hereinafter referred to as the "Notice").

With regard to the regulations that "if a financial institution has accepted or made a payment to an external party, the people's court shall, upon the application of the financial institution, lift the freezing measures on the corresponding part of the deposit of the bank acceptance bill", the bank may apply for the lifting of the freezing measures. If the court refuses to lift it, it constitutes an illegal freeze and shall bear the liability of the state for compensation.

According to the provisions of the relevant laws of our country, the bill of exchange is one of the bills, and the entrusted payer should pay unconditionally after seeing the bill, and some entrusted payers will refuse to pay, so how to deal with the commercial draft after refusing to pay? The following answers are provided for readers, and I hope the following knowledge will be helpful to readers.

1. What to do after the commercial draft refuses to pay

The entrusted payer of the commercial bill refuses to pay, the holder can exercise the right of recourse, the holder exercises the right of recourse, shall provide the relevant proof of refusal to accept or refusal to pay.

Article 61 of the Negotiable Instruments Law of the People's Republic of China.

If the bill of exchange is refused to be paid when due, the bearer may exercise recourse against the endorser, drawer and other debtors of the bill.

Before the maturity date of the bill of exchange, in any of the following circumstances, the bearer can also exercise the right of recourse:

A) the bill of exchange is rejected for acceptance;

B) the acceptor or payer dies or flees;

3) The acceptor or payer is declared bankrupt in accordance with the law or ordered to terminate business activities due to violations.

Article 62 of the Negotiable Instruments Law of the People's Republic of China.

When the bearer exercises the right of recourse, it shall provide relevant proof of refusal to accept or refuse to pay by the eggplant.

If the bearer prompts acceptance or prompts payment to be refused, the acceptor or payer must issue a certificate of refusal, or issue a letter of reason for refund. If the defense fails to issue a certificate of refusal or a written statement of reasons for refund, it shall bear the civil liability arising therefrom.

Second, how to go through the bill of exchange acceptance process

1.The payer shall accept or refuse to accept the bill of exchange within 3 days from the date of receipt of the bill of exchange that is prompted for acceptance. When the payer receives the prompt acceptance bill, it shall also issue a receipt of receipt to the bearer.

The receipt shall indicate the date of acceptance of the bill of exchange and sign it.

2.Mention of acceptance. If the payer accepts the bill of exchange, it shall record the word "acceptance" and the date of acceptance on the front of the bill of exchange and sign it; Bills of exchange that are paid on a regular basis after seeing the bills shall be paid on a regular basis at the time of acceptance.

If the acceptance date is not recorded on the bill, the acceptance date shall be the third day from the date on which the payer receives the reminder acceptance bill.

3.The payer's acceptance bill shall not be conditional, and if the acceptance is conditional, it shall be deemed to be a refusal of acceptance.

The above knowledge is the answer to the relevant legal questions, the entrusted payer of the commercial draft refuses to pay, the holder can exercise the right of recourse, the holder of the right of recourse, should provide the relevant proof of refusal to accept or refusal to pay. If you need legal help, readers can consult a professional lawyer, and we have a professional lawyer to answer for you.

Banks generally cannot refuse acceptance. The bank and the drawer have signed a contract to some extent to ensure the rights and interests of the holder, if the balance of the bearer is insufficient, the bank will make an advance, and then recover from the drawer, but in the following circumstances, the bank can choose to refuse acceptance:

A) with their own direct creditor's rights and debts of the holder of the obligation to perform the agreement;

B) the holder of fraud, theft or coercion to obtain the instrument;

C) the bearer is aware of fraud, theft or coercion, out of bad faith to obtain the instrument;

D) the holder of the instrument knowing that there is a defence between the debtor and the drawer or the holder's predecessor;

E) the holder due to gross negligence to obtain a bill that does not comply with the provisions of the Negotiable Instruments Law;

6) Failure to explain reasonable reasons for exceeding the prompt payment period;

7) Being frozen by the court or receiving a notice from the court to stop payment;

8) The bill is not due.

Acceptance refers to the record that the bearer requires the payer to make payment due on the bill of exchange before it expires. A system unique to bills of exchange. The payer usually signs the front of the bill of exchange.

The relationship between the invoicer and the payer is one of entrustment, and the invoicer issuing the invoice does not mean that the payer must pay. In order to make the bill of exchange due for payment, the drawer must present the bill of exchange to the payer for acceptance. Only when the payer signs the acceptance, he is legally liable for the payment of the bill.

Before the payer accepts, the main debtor of the bill of exchange is the invoicer, after acceptance, the payer becomes the main debtor, the invoicer and other endorsers are from the debtor, and the acceptance must be the drawer actually presents the bill, which is called a reminder. Bills of exchange payable at sight do not need to be prompted for acceptance. Bills of exchange for regular payment at sight should be accepted in advance.

The payer shall accept or refuse to accept within 3 days from the date of receipt of the prompt acceptance. If acceptance is refused, a certificate of acceptance must be issued. The Negotiable Instruments Law stipulates that the payer shall not attach conditions to the acceptance of the bill; If the acceptance is conditional, it shall be deemed to be a refusal of acceptance. Skinner.